Taxes Season

Aaleeyah - posted on 02/03/2015
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Me and My Sons Father Has Always Shared Our Son For Taxes But The Past Two Years Ive Claimed Him Cause I Needed The Money Cause A Few Things Popped That I Needed The Money For, I Told Him He Could Have Him Gor 2015 Taxes. So Long Story Short He's Saying He's Gonna Take Me To Court Over Taxes And I Was Wondering If He Could Do That And Could He Win? We've Never Been Too Court For Anything But I Am The Primery CareGiver He Lives With Me Full Time And Only Sees His Dad Once A Month For A Week Or So.

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Raye - posted on 02/03/2015

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If the child lives with you most of the time, then you should be the one claiming him on your taxes. But if you don't have a court ordered custody agreement, then it's going to be your word against his. If you have anything in writing to prove that the child is with you most of the time, then gather all that up as evidence. You should really hire a lawyer and get a real custody agreement in place. Then the court will tell you who gets to claim the child on their taxes and it's not up for debate.

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It all depends on what was decided when you separated. Who, legally, gets to claim the child? Do you, or does the child's father? Is it legally ordered to be split?

If you went against legal orders, then, yes, your ex has every right to take you to court.

If you haven't BEEN to court to get these things legally outlined, then I would recommend that you do so, and DO NOT do your taxes until you have an agreement that is legally binding. This also applies to support, custody, and visitation. If you have 'never been to court', then that would indicate that your separation has not been outlined. If your son's father wanted to take off and not give you access he'd have the right to do so.

I do recommend that you get these things settled, legally, in court so that there is absolutely no question about who gets what.